- 1 How do I get a restraining order in Marion County?
- 2 How do I file a restraining order against someone in Florida?
- 3 Where do I go to get a restraining order?
- 4 On what grounds can you take out a restraining order?
- 5 How do you get an order of protection dismissed?
- 6 What is legally considered harassment in Florida?
- 7 What qualifies as stalking in Florida?
- 8 How long does a restraining order last?
- 9 What qualifies a restraining order?
- 10 What is the difference between a restraining order and an order of protection?
- 11 How can you prove harassment?
- 12 What will the police do about harassment?
How do I get a restraining order in Marion County?
Where do I file for an injunction? Between the hours of 8:00 AM and 2:30 PM, you must apply at the Marion County Clerk’s Office (room 102). The Clerk’s Office will accept completed applications until 5:00 pm. If it is after the Clerk’s Office hours, you may apply at the Marion County Jail, Video Visitation.
How do I file a restraining order against someone in Florida?
Florida Restraining Orders
- Step 1: Go to the courthouse and get the necessary forms.
- Step 2: Fill out the forms.
- Step 3: A judge will review your petition.
- Step 4: Service of process.
- Step 5: The hearing.
Where do I go to get a restraining order?
You can apply for a restraining (or protection) order at courthouses, women’s shelters, lawyers’ offices, and some police stations. You do not need a lawyer to get a restraining order. Federal law says that you can get a restraining order for free.
On what grounds can you take out a restraining order?
You can get a restraining order against someone if the person has:
- Abused (or threatened to abuse you)
- Sexually assaulted you.
- Stalked you.
- Seriously harassed you.
- Made you feel scared or annoyed.
How do you get an order of protection dismissed?
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to “dissolve” (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.
What is legally considered harassment in Florida?
(a) “Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat.
What qualifies as stalking in Florida?
According to Florida’s criminal law, stalking is defined as when someone willfully (intentionally), maliciously, and repeatedly follows, harasses, or cyberstalks another person.
How long does a restraining order last?
If the court does not deny the restraining order, a typical order lasts anywhere from three to five years. The exact duration will be indicated in the order. If the defendant violates the order, it can be extended.
What qualifies a restraining order?
A restraining order may be issued between people who have no family or dating relationships, such as neighbors, or co-workers or for acts that may not be covered in the “domestic abuse” law, such as harassment or some acts of stalking. Orders of protection also do not cover many types of emotional or mental abuse.
What is the difference between a restraining order and an order of protection?
When an order of protection is filed, the Court will normally issue a temporary emergency protection order valid for 15 days, without a hearing. A restraining order is a court order that orders the abuser to cease all contact with the victim.
How can you prove harassment?
Proving harassment to secure a conviction
- the defendant has pursued a course of conduct.
- the course of conduct amounted to harassment of another person.
- the defendant knew or ought to have known that the course of conduct amounted to harassment.
What will the police do about harassment?
What Can The Police Do About Harassment? If you feel as if you’re being harassed or stalked, you can report it to the police or apply for an injunction through civil court. It is a criminal offence for someone to harass you or to put you in fear of violence.